§ 34-36-7. Incidents of ownership.
(a) Each unit owner shall be entitled to an undivided interest in the common areas and
facilities in the percentage expressed in the declaration. The percentage shall be
computed by taking as a basis the value of the unit in relation to the value of the
property.
(b) The percentage of the undivided interest of each unit owner in the common areas and
facilities as expressed in the declaration shall have a permanent character and shall
not be altered without the consent of all of the unit owners expressed in an amended
declaration duly recorded. The percentage of
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§ 34-36-7. Incidents of ownership.
(a) Each unit owner shall be entitled to an undivided interest in the common areas and
facilities in the percentage expressed in the declaration. The percentage shall be
computed by taking as a basis the value of the unit in relation to the value of the
property.
(b) The percentage of the undivided interest of each unit owner in the common areas and
facilities as expressed in the declaration shall have a permanent character and shall
not be altered without the consent of all of the unit owners expressed in an amended
declaration duly recorded. The percentage of the undivided interest in the common
areas and facilities shall not be separated from the unit to which it appertains and
shall be deemed to be conveyed or encumbered or released from liens with the unit
even though the interest is not expressly mentioned or described in the conveyance
or other instrument.
(c) The common areas and facilities shall remain undivided and no unit owner or any other
person shall bring any action for partition or division of any part thereof, unless
the property has been removed from the provisions of this chapter as provided in §§ 34-36-22 and 34-36-31. Any covenants to the contrary shall be null and void.
(d) Each unit owner may use the common areas and facilities in accordance with the purpose
for which they were intended without hindering or encroaching upon the lawful rights
of the other unit owners.
(e) The necessary work of maintenance, repair, and replacement of the common areas and
facilities and the making of any additions or improvements thereon shall be carried
out only as provided in this chapter or in the declaration or bylaws.
(f) The manager or management committee shall have the irrevocable right to have access
to each unit from time to time during reasonable hours as may be necessary for the
maintenance, repair, or replacement of any of the common areas and facilities or for
making emergency repairs necessary to prevent damage to the common areas and facilities
or to another unit or units.